**worldwide semiconductor manufacturing industry" and asserts that Ashland "enters into long-term agreements to provide complete on-site chemical management services, including purchasing, warehousing and delivering chemicals to major facilities of large consumers of high-purity chemicals." At all relevant times, Ashland chemical engineers have made post-sale site visits to IBM electronics manufacturing "clean rooms" to consult and trouble shoot with IBM managers and to monitor performance of its "clean room" chemicals. By its own conduct and its own characterization, Ashland is and at all relevant times has known: as a result of these post-sale activities that when it has sold and sells alleged "ultra-high purity chemicals" to IBM, said highly toxic chemicals would be used in conjunction with numerous other highly toxic and hazardous chemicals in so-called "clean rooms" and that the Ashland chemicals would contribute to the overall toxic exposure suffered by Plaintiffs, and other IBM workers, in this industrial chemical environment.

122. Defendant Fisher Scientific Company is and at all relevant times has known as a result of its post-sale monitoring and trouble shooting activities that when it has sold and sells its so-called "ultra-high purity chemicals" to IBM, said highly toxic chemicals which would be used in conjunction with numerous other highly toxic and hazardous chemicals in so-called "clean rooms" and that the Fisher Scientific chemicals would contribute to the overall toxic exposure suffered by Plaintiffs, and other IBM workers, in this industrial chemical environment. Fisher Scientific advertises that Fisher's customers can enjoy "Bench to Batch" solutions for all their chemical requirements with Fisher Scientific's custom manufacturing capabilities. Fisher also advertises that "Fisher Scientific supplies the most comprehensive chemical offering in the laboratory marketplace." At all relevant times, chemical engineers from Fisher have made post-sale site visits to IBM "clean rooms" to provide on-site consultations with IBM managers regarding the performance of "clean room" chemicals.

123. At all relevant times chemical engineers and representatives, including Wes Brykalo, Nino Pacenco, Bill Gouin and Bruce Kiker, from Defendant Shipley Company, Inc., have made post-sale site visits to IBM electronics manufacturing "clean rooms" to provide on-site consultations with IBM employees regarding performance of "clean room" chemicals. Further, commencing in the 1970s and continuing thereafter, Defendant Shipley engaged in a manufacturing partnership with Defendant IBM through which Shipley and IBM jointly designed, manufactured, supplied, distributed and conducted

Page 38

COMPLAINT FOR DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH

MM 006989